Friday, November 13, 2009

Georgia on My Mind

And they say South Florida is wacky.

Taking the law into your own hands is ok if you are a law-man in the South, but I'm not so sure its ok when you are the District Attorney. I mean, most State Bar Organizations have codes of ethics and such. And I am pretty sure that bum-rushing the judge in chambers when you disagree with his rulings, is likely out of bounds. But, I don't live in Georgia.

Recently, Fulton County Superior Court Judge Marvin S. Arrington Sr. held a career state court prosecutor in contempt for misconduct during trial, and ordered her to pay a $100 fine to the charity of her choice. Smart lawyers would pay it and quietly purge the contempt or exercise their right to appeal the order, professionally and discreetly.

Meet Linda J. Dunikoski.

A month after her offending conduct earned her the contempt order, government lawyer Linda J. was back in Judge Arrington's courtroom on another matter, and Judge Arrington said he asked whether she had complied with the court's order.

"Dunikoski responded by saying that she had been advised by her supervisor, District Attorney Paul Howard, not to comply with said Order," wrote Judge Arrington, in a subsequent order holding DA Howard in contempt.

Arrington ordered Dunikoski taken into custody until she complied with the order, after which Howard "appeared in the secured back hallway outside of my chambers, confronting me as I left the bench and belligerently demanded that I release Ms. Dunikoski immediately and that I should hold him in contempt instead." Howard "walked up to me, within [a] 1/4 inch of my face, and shouted that I was making a mockery of the judiciary."

Twenty minutes later, wrote Arrington, "Mr. Howard barged into my [chambers] and demanded to see me. I asked the deputies to escort him out of my office until the hearing could be held at 2 p.m. on today's date. Frankly, Mr. Howard's behavior and subsequent tirade made me fearful of my safety."

N.B. If you ever pulled that barging into chambers stunt in the 11th Circuit, I know at least one judge who would go upside your head with the 4 inch heel of a Christian Louboutin pump and a red lipstick. No, silly. Not David Young. He's on TV court.